29 October 2008

Act Promulgating the Land Code

B.E. 2497 (1954)



BHUMIBOL ADULYADEJ REX.
Given on the 30th of November B.E. 2497 (1954)
Being the 9th Year of the Present Reign

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that : Whereas it is expedient to promulgate the Land Code;

Be it, therefore, enacted by the King, by and with the advice and consent of the House of Representatives as follows:

Section 1. This Act shall be called the “Act Promulgating the Land Code, B.E. 2497(1954)”.

Section 2.¹ The Act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3. The Land Code annexed to this Act shall come into force on the 1st day of December B.E. 2497 (1954).

Section 4. On and from the date of enforcement of the Land Code, there shall be repealed:

(1) Temporary Pre-occupation Certificate Act which was re-named in the Rattanakosin Era 124 (1906) to Certificate of Ownership in Lieu of Title Deed Act;

(2) Issuance of Title Deed Act, Rattanakosin Era 127 (1909);

(3) Issuance of Title Deed Act, No. 2;

(4) Issuance of Title Deed Act, No. 3;

(5) Act Amending Section 25 of the Issuance of Title Deed Act, Rattanakosin Era 127 (1909);

(6) Act on Restriction on Waste Land of the domaine public of State, B.E. 2478 (1935);
;

(8) Issuance of Title Deed Act (No. 6), B.E. 2479 (1936);

(9) Act on Control of Land Acquisition by Partnership and Limited Company for Profit Purpose, B.E. 2485 (1942);

(10) Issuance of Title Deed Act (No. 7), B.E. 2486 (1943);
(7) Issuance of Title Deed Act (No. 5), B.E. 2479 (1936)

(11) Act on Competent Officials Registering Rights and Juristic Acts Related to Immovable Property under the Civil and Commercial Code, B.E. 2486 (1943);

(12) Act on Competent Officials Registering Rights and Juristic Acts Related to Immovable Property under the Civil and Commercial Code (No. 2), B.E. 2492 (1949);

(13) Act on Land in Connection with Foreigners, B.E. 2486 (1943);

(14) Act on Land in Connection with Foreigners (No. 2), B.E. 2493 (1950); and

(15) All other laws, by-laws and regulations, insofar as they deal with matters provided in the Land Code or are contrary thereto or inconsistent therewith.

Section 5. Any person possessing and making use of the land prior to the enforcement date of the Land Code without a document of land rights may notify the District Chief Officer of the relevant locality of his/her possession of the land within a hundred and eighty days as from the enforcement date of this Act in accordance with the rules and procedures prescribed by the Minister and published in the Government Gazette.

(Repealed)²

Such claim for the possession of land under this Section shall not in any way establish a new right entitled by the claiming person.

Section 6. Any person who lawfully possesses and makes use of the land prior to the enforcement date of the Issuance of Title Deed Act (No. 6), B.E. 2479 (1936) as well as the transferee of the said land shall have the right to apply for the Title Deed as prescribed in the provisions of the Land Code. Provided that any person possessing the land prior to the enforcement date of the Issuance of Title Deed Act (No. 6), B.E. 2479 (1936) and the Land Code fails to take action in compliance with the governing law at that time, the issuance of Title Deed shall be carried out in accordance with rules and procedures prescribed in the Ministerial Regulations and the Issuance of Title Deed Act (No. 6), B.E. 2479 (1936) shall remain applicable.

Section 7. Any person granted to pre-empt the land under the Issuance of Title Deed Act (No. 6), B.E. 2479 (1936) without a certificate indicating the use of land prior to the enforcement date of this Act shall be entitled to apply for the said certificate from the District Chief Officer until the expiration of a hundred and eighty days following the final day for pre-emption under the said Act.

In a case where the designated time period for pre-emption under paragraph one elapses prior to the enforcement date of the Land Code and there appears that the use of pre-emptive land is in the condition expedient to apply for a certificate specifying that the land has been put to use, an application for the said certificate shall be filed with the District Chief Officer within a hundred and eighty days from the enforcement date of the Land Code. If such time period elapses, the land shall be regarded as free from pre-emption, except for the case where the District Chief Officer gives an order for extension case by case.

Section 8. In considering whether the land has been put to use, the rules prescribed in the Ministerial Regulations shall apply.

Persons shall not transfer the pre-emptive land that has not been certified by the District Chief Officer that the land has been put to use unless it is devolved by succession.

Section 9. The land with a certification from the District Chief Officer affirming that it is already put to use is transferable.

Section 10. The land that has been reserved for purposes as provided in the Act on Restriction on Waste Land of the domaine public of State, B.E. 2478 (1935) or other laws prior to the enforcement date of the Land Code shall remain restricted and reserved.

Section 11. In any district that there has been, prior to the enforcement date of the Land Code, issuance of Certificate of Ownership in Lieu of Title Deed and the Pre-occupation Certificate stamped “Already Put to Use”, only provisions prescribing the survey method and the issuance of the aforesaid certificate shall apply until the Title Deed is issued according to the Land Code.

Section 12. Provided that any person having a contract to sell/buy land or a hire-purchase contract that has been made prior to the enforcement date of this Act enters into and register the contract with the competent officials under Section 71 of the Land Code and in accordance with the rules and procedures as prescribed by the Minister within a hundred and twenty days from the enforcement date of this Act, it shall be deemed that, at the time the actual sale occurs, the buyer or hire-purchaser has obtained the land rights prior to the enforcement date of the Land Code.

Section 13. Provided that any person who has sold land with right of redemption prior to the enforcement date of this Act redeems the said land at the time the Land Code is in full force, it shall be regarded that such person has obtained the land rights prior to the enforcement date of the Land Code.

Section 14. In a case where a person has filed an application for land pre-emption with competent officials prior to the enforcement date of this Act but the permission is not completed when this Act comes into force, the District Chief Officer shall have power to carry out the process to its completion as implied in the Issuance of Title Deed Act (No. 6), B.E. 2479 (1936).

Section 15. The Minister of Interior shall have charge and control of the execution of this Act and the Land Code and shall have power to appoint competent officials and issue Ministerial Regulations for the execution of this Act and the Land Code.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

Countersigned by:
Field Marshal P. Pibulsongkhram
Prime Minister

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1. Published in the Government Gazette, Vol. 71, Part 78, Special Issue, Page 1, dated 30th November B.E. 2497 (1954).

2. Paragraph two of Section 5 has been repealed by the Announcement of the Revolutionary Council, No. 96, dated 29th February B.E. 2515 (1972).

The English language translation is provided for research and educational purposes only. Persons with legal problems in Thailand are advised to contact a licensed lawyer, Thailand Child Custody Lawyers
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